Standard Warranty Terms and Conditions
This warranty applies to all Orchard Audio products. Your acceptance of product(s) purchased from Orchard Audio constitutes acceptance of Orchard Audio’s standard warranty terms and conditions, which are described below.
Orchard Audio LLC ("Orchard Audio") warrants that for a period of one (1) year following delivery, the Orchard Audio product(s) you have purchased (the "Orchard Audio Product(s)") will (a) perform in accordance with published specifications, and (b) be free from defects in materials or workmanship. In the event an Orchard Audio Product(s) does not meet this warranty, subject to the conditions set forth in these terms and conditions, Orchard Audio’s sole obligation will be, at its election, to repair or replace the Orchard Audio Product(s) in question or to refund the purchase price.
ORCHARD AUDIO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. IN NO EVENT WILL ORCHARD AUDIO BE LIABLE FOR PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE DEFECTIVE ORCHARD AUDIO PRODUCT(S).
This warranty will not apply to any Orchard Audio Product(s) that have been (a) damaged by lightning, water, or power surges, (b) neglected, altered, abused, or used for a purpose other than the purpose for they were provided, (c) repaired by you or any other party without Orchard Audio's prior written authorization, (d) used in conjunction with a third party product or products not approved in advance by Orchard Audio, or (e) otherwise used in a manner inconsistent with any instructions provided by Orchard Audio.
In the event that Orchard Audio repairs or replaces a defective Orchard Audio Product(s) under warranty, the repaired or replaced product(s) will be covered through the end of the original warranty period, but no repair or replacement will extend the warranty term past the one (1) year anniversary of the delivery date of the original Orchard Audio Product(s).
This warranty is non-transferable, and only applies to product(s) purchased directly from Orchard Audio.
This warranty contains the entire agreement of you and Orchard Audio with respect to any warranty matters, and supersedes any and all other written or oral statements, representations or agreements relating to the subject matter of this warranty, except that (if applicable) the terms and conditions of any other warranty or service agreement between you and Orchard Audio that explicitly supplements or incorporates, and does not replace or modify, the terms and conditions of this warranty will also apply to the Orchard Audio Product(s) you have purchased. To the extent any other warranty or service agreement between you and Orchard Audio expressly replaces or modifies the terms and conditions of this warranty, such replaced or modified terms shall not apply unless accepted by you and Orchard Audio in a signed writing.
Any and all disputes arising out of or relating to the purchase or use of Orchard Audio Product(s), including any warranty claims, will be governed by the laws of the State of New Jersey without regards to conflict of laws principles. Any action arising out of or relating to the Orchard Audio Product(s) must be brought only to the Federal and state courts located in the State of New Jersey, and by accepting the Orchard Audio Product(s), you hereby consent to the personal jurisdiction of such courts and agree not to raise any argument of lack of personal jurisdiction or inconvenient forum or otherwise attempt to transfer such action from, or dispute the jurisdiction of, such courts. You hereby waive the right to a jury trial.
You are required to arrange for and pay the shipping charges to return any defective Orchard Audio Product(s) to Orchard Audio. Orchard Audio will use commercially reasonable efforts to repair the defective Orchard Audio Product(s) within fifteen (15) business days. Orchard Audio will arrange for and pay ground shipping charges for all product(s) replaced or returned to you. Any other shipping charges are your responsibility. Orchard Audio does not offer on-site service to repair any defective Orchard Audio Product(s) or to resolve any problems relating to the installation of repaired or replacement product(s).
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